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CBDT Further Extends Date for Filing of Declarations under Vivad Se Vishwas Scheme

cbdt-further-extends-date-for-filing-of-declarations-under-vivad-se-vishwas-scheme

CBDT vide Notification No. 04/2021 dated 31.01.2021 further extends the date for filing of declarations under the Direct Tax Vivad Se Vishwas Act, 2020 from January 31, 2021 to 28th February, 2021.


CBDT has issued a Notification in S.O. 471(E) dated 31/01/2021 to this effect.


There is no change in the date of payment of taxes without additional interest under this scheme. The date for payment of tax without additional interest shall remain unchanged at 31st March, 2021.


This notification extending the date of filing of declaration is issued by exercising the powers given under section 3 of the Direct Tax Vivad se Vishwas Act, 2020 (3 of 2020).


Earlier, CBDT vide Notification No. 92/2020 in S.O. 4804(E) issued on 31.12.2020 has extended the date for making payment without additional amount under the Vivad se Vishwas Scheme from 31st December 2020 to 31st January 2021 by modifying the Notification No. 85/2020, dated the 27th October, 2020 


The date for filing the declaration and making payment without additional amount under Vivad se Vishwas was extended from 31st March 2020 to 30th June 2020 by the Taxation and other Laws (Relaxation of Certain Provisions) Ordinance, 2020.


Later again, this date was extended further to 31st December 2020 by the Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020 by amending the Direct Tax Vivad se Vishwas Act, 2020 to extend the date for payment without 10% additional amount to 31-12-2020 in line with the relaxation provided in the Ordinance of 2020. It also empowers the Central Government to notify certain dates relating to filing of declaration and making of the payment. Earlier both the declaration and the payment without additional amount under the Vivad se Vishwas were required to be made by 31st December 2020.


The Central Government has notified the Direct Tax Vivad se Vishwas Rules, 2020 and corresponding Forms as required under the Direct Tax Vivad se Vishwas Act, 2020 vide Notification No. 18/2020 dated 18.03.2020.


The following 5 types of Forms have been notified under the Rules. 


Form No.

Purpose of Forms

Form-1

Form for filing declaration

Form-2

Undertaking u/s 4(5) of the Direct Tax Vivad Se Vishwas Act, 2020

Form-3

Form of Certificate u/s 5(1) of the Direct Tax Vivad Se Vishwas Act, 2020

Form-4

Intimation of payment u/s 5(2) of the Direct Tax Vivad Se Vishwas Act, 2020

Form-5

Order for Full and Final Settlement of Tax Arrear under section 5(2) read with section 6 of The Direct Tax Vivad Se Vishwas Act, 2020


The said Notification has amended the following dates under the Vivad se Vishwas Scheme-


Dates

Amendments

28th February, 2021

The declaration shall be filed to the designated authority

31st March 2021

The payment date of the amount of the disputed tax

1st April 2021

The payment date of the amount of the disputed tax with 10% additional amount


Read the full text of Notification No. 4/2021 dated 31.01.2021


MINISTRY OF FINANCE 

(Department of Revenue) 


NOTIFICATION 


New Delhi, the 31st January, 2021


S.O. 471(E).— In exercise of the powers conferred by section 3 of the Direct Tax Vivad se Vishwas Act, 2020 (3 of 2020), the Central Government hereby makes the following amendment in the notification of the Government of India, Ministry of Finance (Department of Revenue), number 85/2020, dated the 27th October, 2020, published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (ii), vide number S.O. 3847(E), dated  27th October, 2020, namely:–


In clause (a), for the words, figures and letters “31st  day of January, 2021” the words, figures and letters “28th day of February, 2021” shall be substituted.



[Notification No. 04/2021/ F.No. IT(A)/01/2020-TPL] 

SHEFALI SINGH, Under Secy., Tax Policy & Legislation Division


Note: The principal notification was published in the Gazette of India, Extraordinary, Part-II Section 3, Sub-section (ii) dated the 27th October, 2020 vide number S.O. 3847(E), dated 27th October, 2020 and was subsequently amended by notification number S.O. 4804(E), dated 31st December, 2020 published in the Gazette of India, Extraordinary, Part-II Section 3, Sub-section (ii) dated the 31st December, 2020.


Download Copy of Notification No. 4/2021 dated 31.01.2021 on Extension of Declaration Filing Date under Vivad se Vishwas Scheme in pdf format



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